Transmission Infrastructure, Rate Design, and Cost Allocation

Van Ness Feldman’s Electric Practice counsels utilities, merchant transmission developers, generators, and renewable resources on the planning, development, operation, and cost allocation of new transmission infrastructure.  The practice also assists clients with the development of business practices to implement and comply with OATT requirements.

Transmission Development

Van Ness Feldman represents transmission owners and operators regarding open access transmission tariff requirements, FERC-approved incentive-based rates, mandatory reliability standards, generation interconnection requirements, the allocation of transmission rights, and the development of compliance programs.  Our attorneys also have significant experience developing and defending transmission rate cases before FERC.

Merchant Transmission

Van Ness Feldman enables merchant transmission developers to maximize their investment in new transmission infrastructure through the design and implementation of favorable rate recovery mechanisms.  For capacity that is not reserved through anchor-customer agreements, Van Ness Feldman advises clients on the design and implementation of open seasons.  Our attorneys also represent merchant developers on all associated transactional matters, RTO interactions, and meetings with FERC Staff.

Integration of Renewable Resources

The exponential growth of intermittent renewable resources in the United States has presented a number of issues for transmission owners and operators.  Van Ness Feldman advises both transmission owners and renewable projects on the challenges of integrating intermittent resources while ensuring reliability, efficient scheduling, and the development of adequate reserve products to accommodate variability.  Our attorneys also counsel clients regarding the development of appropriate products, operational protocols, and cost allocation mechanisms needed to efficiently integrate renewable resources.

Permitting and Associated Environmental Issues

The firm provides counsel to electric utilities on federal environmental permitting and right-of-way authorization matters arising from the construction of high-voltage transmission facilities across federal properties managed by the Bureau of Land Management, U.S. Forest Service and National Park Service.  Members of the firm also provide advice on the scope and conduct of environmental reviews under the National Environmental Policy Act, compliance with the Endangered Species Act, and permitting matters related to section 404 of the Clean Water Act.

Policy Development Affecting Transmission Planning and Cost Allocation

FERC policy regarding transmission planning and cost allocation continues to evolve and Congress has evidenced renewed interest in transmission investment.  Van Ness Feldman provides counsel to clients regarding the development of transmission policy, its potential impact on operations and strategic planning, and strategic options to capitalize on opportunities or mitigate risks presented by new policies. 

Recent Representations

• Advised an investor-owned utility in the Pacific Northwest regarding proposed tariff changes necessary to integrate intermittent renewables.
• Counseled the developer of 1000 MW HVDC merchant transmission line applying to FERC for negotiated rate authority.
• Provided strategic counsel for parties commenting on FERC’s Transmission Planning and Cost Allocation NOPR.
• Served as federal environmental counsel to a 765 kv transmission project addressing NEPA review and associated permitting issues.  
• Provided regulatory counsel and strategic guidance to wind projects developing large-scale lines bringing renewable power to market.

If we can provide you with additional information, please contact us at electric@vnf.com.